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CORRESPONDENCE RELATIVE TO CONSTRUQION OF ACT OF 
MARCH 4, 1917, RELATING TO TEXAS RANGERS 



FURNISHED THE 



COMMITTEE ON PENSIONS 

OF THE 

HOUSE OF KEPKESENTATIVES 

SIXTY-FIFTH CONGRESS 
SECOND SESSION 



APRIL 11, 1918 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1918 



0. of D. 

APR 19 ts;6 



^5? 



CORRESPONDENCE RELATIVE TO CONSTRUCTION OF ACT OF 
MARCH 4, 1917, RELATING TO TEXAS RANGERS. 



State of Texas, 
Adjutant General's Department, 

Austin, April ^, 1918. 
Hon. John N. Garner, 

Bouse of Representatives, Washington, D. C. 
My Dear Mr. Garner : Inclosed herewith letter to Mr. Saltzgaber, 
which will explain the delay in verifying claims. 

As soon as Mr. Saltzgaber answers my letter the matter will be 
given prompt attention. 

Kindly return the inclosed when same has served its purpose. 
Yours, truly, 

Jas. a. Harley, 
Adjutant General. 



March 27, 1918. 
Hon. G. M. Saltzgaber, 

C omynissioner of Pensions, Washington, D. C. 

Dear Sir: Receipt is acloiowledged of your letter of the 28th 
ultimo relative to Texas Ranger pensions under the act of March 4, 
1917. 

You state in your letter that it is absolutely essential, for the- pur- 
pose of determining the title of these rangers to pension under the 
act of March 4, 1917, to know the precise character of the service 
rendered by each individual organization. Upon examination of 
most of the muster rolls in this office I do not find any indorsement 
as to the character of the service rendered, therefore on my reports 
to you I have placed the word " None " opposite the word " Cam- 
paigns." 

When Mr. A. K. Meek, your special examiner, was here in Austin 
we agreed on a mimeograph form that I should make my reports 
on, and he took same to you for your approval, and I believe that 
it was satisfactory to you, and the word " Stations " was not placed 
on same. 

Wlien Mr. Meek was here examining these old muster rolls he 
would always make a note on his report of the station of each organi- 
zation. Now. if Mr. Meek has made this note on his report, why is 
it necessary for me to make the same report? 

I am inclosing a form of report used by me. Kindly examine 
same and make necessary corrections and send back to me and I will 
verify these claims to the best of my ability. 
Yours, very truly. 

53603—18 3 



*S!' 



4 texas eangers. 

Dkpartment of the Interior, 

Bureau op Pensions, 
Wiuhington^ February 28, 1918. 
The Adjutant General of the State of Texas, 

Austin, Tex. 
Sir: In claims for j)ension under the act of March 4, 1917, based 
on the service of Texas Rangers, tliis bureau has called upon you in 
a number of instances to furnish military histories, and in its request 
for such histories it has asked for a statement of " the soldier's full 
military history, his stations and period of service, and against what 
Indians or in what war or campaign his service was rendered." It 
is absolutely essential, for the purpose of determining the title of 
these rangers to pension under the act of March 4, 1917, to know 
the precise character of the service rendered by each individual 
organization. 

You are requested to let your reports — which, of course, must be 
taken from muster rolls only — show whether the service reported 
was in defense of the frontier against Indian depredations or against 
marauding Indians or Mexicans or for other purposes. A number of 
reports heretofore furnished by you are being returned for this 
specific information. Whenever a muster roll bears an indorsement 
showing the service performed, please let j^our reports taken from 
that muster roll show the exact wording of the indorsement; and 
whenever such rolls show the stations of the company or of indi- 
vidual members of the company, you are requested to make this 
information a part of your report. 

An early acknowledgment of this letter will be appreciated. 
Very respectfully, 

G. M. Saltzgaber, 

C OTninissioner. 

Department of the Interior, 

Bureau of Pensions, 
Washington, April 9, 1918. 
Hon. John N. Garner, 

House of Representatives. 

My Dear Mr. Garner: In response to your telephonic inquiry of 
yesterday concerning the status of the Texas Rangei's under the 
provisions of the act of March 4, 1917, I have the honor to inform 
you that it appears that you are more keenly interested in the claims 
of those of the Texas volunteers who served prior to January 1, 1861, 

Under the act of May 30, 1908, service under the following officers 
during the periods indicated was held to be pensionable: Capt. Nat 
lienton, September 15 to October 15, 1855; Capt. James Borland, 
October 28, 1858, to January 28, 1859, and Januarv 28, 1859, to 
April 28, 1859; Capt. John Henry Brown, June 28. 1859, to Septem- 
ber 12, 1859; Capt. J. II. Callahan, July 20, 1855, to October 19, 
1855; Lieut. Thomas K. Carmnck, December 14, 1857, to March 14, 
1858; Lieut. John H. Connor, December 2, 1857, to March 2, 1858; 
Capt. Levi English, August G, 1855, to November 18, 18r)5; Capt. 
John S. Ford, Januarv 10, 1858, to August 10, 1858, and November 
10, 1858, to Mav 10. 1859; Lieut. Thomas C. Frost, December 21, 



TEXAS HANGERS. 6 

1857, to March 21, 1858; Capt. William K. Henry, September 15, 
1855, to October 15, 1855; Lieut. John S. Hodges, December 14, 
1857, to March 14, 1858; Lieut. William N. P. Marlin, July 15, 1858, 
to November 15, 1858; Capt. G. H. Nelson, October 10, 1857, to De- 
cember 28, 1857: Lieut. William G. Preston, April 20, 1858, to June 
30, 1858 ; Capt. William G. Tobin, October 12, 1855, to November 15, 
1855; Capt. William Tom, October 18, 1855, to November 15, 1855; 
Lieut. John Williams, May 24, 1858, to July 24, 1858. 

It is not practicable to state at this time what companies have been 
held or will be held to be pensionable under the provisions of the act 
of March 4, 1917. 

You will note instantly that the two acts (the act of May 80, 1908, 
and the act of March 4, 1917) are very different in many respects. 
Under the provisions of the act of May 30, 1908, pension was granted 
"to the surviving officers and enlisted men of the Texas volunteers 
who served in the defense of the frontier of that State against Mexi- 
can marauders and Indian depredations, from the year 1855 to the 
year 1860, inclusive; * * * Provided further^ That where there 
is no record of enlistment or muster into the service of the Unilfced 
States in the service mentioned in this act, the fact of reimbursement 
to Texas by the United States, as evidenced by the muster loUs and 
vouchers on file in the War Department, shall be accepted as full 
and satisfactory proof of such enlistment and service. * * *« 
To have title under the act of May 30, 1908, it was necessary to show 
that the State of Texas was reimbursed for the service claimed and 
that such service was in defense of the frontier against Mexican 
marauders and Indian depredations. The bureau, after duly con- 
sidering all of these points, held that service in the companies here- 
inbefore listed was within the scope of the act of May 30, 1908. But 
the act of March 4, 1917, is entirely different. It is therein provided 
that pension be granted " to the surviving officers and enlisted men 
of the Texas volunteers who served in defense of the frontier of that 
State against Indian depredations from January 1, 1859, to January 
1, 1861, inclusive, and from the year 1866 to the year 1877, inclu- 
sive, * * * Provided further, That where there is no record of 
enlistment or muster into the service of the United States in any of 
the wars mentioned in this act, the record of pay by the United States 
shall be accepted as full and satisfactory proof of such enlistment 
and service. * * * That the period of service performed by bene- 
ficiaries under this act shall be determined by reports from the records 
of the War Department, where there is such a record, and by the re- 
ports from the records of the Treasury Department showing payment 
by the United States where there is no record of regular enlistment or 
muster into the United States military service : Provided, That when 
there is no record of service or payment for same in the War Depart- 
ment or Treasury Department, the applicant may establish the service 
by satisfactory evidence from the muster rolls on file in the several 
State or Territorial archives. * * * " 

The first difference noted is that the act of March 4, 1917, provides 
pension for service in protection of the frontier against Indian 
depredations only, and not against Mexican marauders. It is there- 
fore held that this bureau can not pass favorably upon any claim of 
one who served in the Texas volunteers unless it be shown by com- 



6 TEXAS RANGERS. 

petent evidence that the service rendered was for the purpose named 
in this act. 

So far as the bureau has been able to determine, none of the com- 
panies which served betAveen 1859 and 1861 was ever mustered into 
the United States service, and therefore no information concerning 
them is obtainable from the War Department. It further appears 
that all the companies on account of whose service the State of Texas 
has been reimbursed for service durino; this same period have been 
held to be pensionable under the provisions of the act of May 30, 
1908, which leaves before the bureau only such claims as are made 
on account of service of organizations for which the State of Texas 
has never been reimbursed. 

The act of March 4. 1917, provides that " the applicant may estab- 
lish the service by satisfactory evidence from the muster rolls on file 
in the several State or Territorial archives." The wording of the 
act would indicate that the claimant must not only establish the date 
of enlistment and the date of discharge by the muster rolls on file 
in the State or Territorial archives, but also that the service was for 
the purpose named in the act. 

On February 28. 1918, this bureau wrote the adjutant general of 
Texas the following letter : 

In claims for pension under tlie act of Marcli 4, 1917, based on the service of 
Texas ranjrers, this bureau lias called upon you in a unniber of instances to 
furnisli military histories, and in its request for such liistories it lias asked 
for a statement of " the soldier's full military history, his stations and period 
of service, and ajiaiiist wliat Indians or in what war or campaitrn his service 
was rendered." It is absolutely essential, for the purpose of deterininiiiir the 
title of these rangiers to pension under the act of March 4, 1917, to know the 
precise character of the service rendered by each individual orjianization. 

You are requested to let your reports (which, of course, must l)e taken from 
the muster rolls only) show whether the service reported was in defense of the 
froniier atiainst Indian depredations or against maraudin,tr Indians or Mexicans 
or for otliei j-.irposes. A number of rei)orts heretofore furnished by you are 
beinjr returned for this sjiecitic information. Whenever a nuister roll bears au 
indorsement showing the service performed, please let your reports taken from 
that muster roll show the exact wording of the indorsement; and whenever 
such rolls show the stations of the company or of individual members of the 
company, you are requested to make this information a part of your i-eport. 

An early acknowledgment of this letter will be appreciated. 

You have in your possession Gen. Harley's response to this com- 
munication. You will note that he says: "Upon examination of 
most of the muster rolls in this office, I do not find any indorsement 
as to the character of the service rendered, therefore on my rejiorls to 
you I have placed the word 'none' opposite the word 'campaigns-'"' 
You will also note what Gen. Harley says with regard to stations. 
An examination of the I'eport of Air. Meek, (he si)ecial examiner 
referred to by the general, discloses that his indorsements as to cam- 
paigns and stations are almost in every instance confined to the fol- 
lowing: "Fighting Indians,"" "Indians in comity,'"' "Indians in 
adjoining county,'"' and " Frontier defense.'"' And even these meager 
indorsements ap])ear upon a very few of Mr. Meek's individtial re- 
p(jr(s on each of the ."tO!* muster rolls examined l>y him. It can 
hardly l)e said that any of these remarks bring the ser\ ice reported 
within the pro\ isions of the act, i. e.. '"defense of the frontier of 
Texas against Indian dei)r(Mlations. 1^'or indorsement '' Fighting In- 
dians" does not show that the fighting was in defense of the fron- 



TEXAS RANGERS. 7 

tier; indorsements "Indians in county" and "Indians in adjoining 
county-' do not show that the Indians were fouuht at ;dl. or that, if 
they were fought, it was in defense of the frontier; and indorsement 
" Defense of the frontier" does not show that Indians were the per- 
sons against whom the frontier was defended. Certainly where the 
muster rolls are silent as to what the company did or as to its sta- 
tions, the bureau can hardly presume that it rendered the service re- 
quired to give title to the* benefits of tliis legislative act, which is 
very specific as to the requii-ements for title thereunder. 

The bureau has been slow to reject many of these claims, because 
it has been exhausting every source of information which might aid 
in getting sufficient evidence to warrant favorable action. 
Very trulv. yours, 

E. C. TiEMA.N, 

Acting ('omniis-^-ioner. 



[Public — No. 400 — 64th Congress.] 

[H. R. 655.] 

An Act To pension the survivor.s of certain Indian wars from 
January first, eighteen hundred and fifty-nine, to January, eighteen hundred 
and ninety-one. inclusive, and for other purposes. 

Be it enacted hy the Senate and House of Rejyresentatives of the 
United States of America hi Congress assenwled. That the provisions, 
limitations, and benefits of an Act entitled "An Act granting pensions 
to survivors of the Indian wars of eighteen hundred and thirty-two 
to eighteen hundred and forty- two, inchiaive, known as the Black 
Hawk War, Creek War, Cherokee disturbances, and the Seminole 
War," approved July twenty-seventh, eighteen hundred and ninety- 
two, as amended on February nineteenth, nineteen hundred and 
thirteen, be, and the same are hereby, extended from the date of the 
passage of this Act to the surviving officers and enlisted men of the 
Texas volunteers who served in defense of the frontier of that State 
against Indian depredations from January first, eighteen hundred 
and fifty-nine, to January first, eighteen hundred and sixty-one, in- 
clusive, and fi-om the year eighteen hundred and sixty-six to the year 
eighteen hundred and seventy-seven, inclusive, and to the surviving 
officers and enlisted men, including militia and volunteers of the 
military service of the United States, who have reached the age of 
sixty-two years, and who served for thirty days in the campaign in 
southern Oregon and Idaho and northern parts of California and 
Nevada from eighteen hundred and sixty-five to eighteen hundred 
and sixty-eight, inclusive; the camjiaign again.st the Sioux in Minne- 
sota aud the Dakotas in eighteen hundred and sixty-two and eighteen 
hundred and sixty-three, and the cam])aigns against the Sioux in 
Wyominir in eighteen hundred and sixty-five to eighteen hundred and 
sixty-eight: to the following organizations of the First Regiment 
Nebraska Militia engaged in figliling Indians and guarding United 
States mails (m the western frontier: Company A, Fir.st Kegiment, 
Fii-st Brigade Nebraska INIilitia, who served from August thirtieth, 
eighteen hundred and sixty-four, to November twelfth, eighteen hun- 
dred and sixty-four: Company B. First Kegiinent Nebraska Militia, 
who served from August thirteenth, eighteen bundred and sixty-four, 
to Februai-y (hirteenth, eighteen bundred and sixty-five; Comppny 
C, First Ivcginient, Second Bi'iga<l(' Nebraska Militia, who served 
from August twenty- fomtli, eighteen Inmdivd and sixty-four, to 
February seventh, eighteen hundred and sixty-five: to Captain Ed- 
ward P.'Cliilds's artillery detacbinent. Nei)raska Militia, who served 
from Au£ru.st thirtieth, eighteen hundred and sixty-four, to Novem- 
ber twelfth, eighteen hundred and sixty-four; and ('omi)any A, First 

8 ■■. Si!?^^ 



TEXAS RANGEKS. 9 

Regiment, Second Brigade Nebraska Militia, who served from Au- 
gust twelfth, eighteen hundred and sixt3^-four, to December twenty- 
fourth, eighteen hundred and sixty-four; the campaign against the 
Cheyennes, Arapahoes, Kiowas, and Comanchos in Kansas, Colorado, 
and Indian Territory from eighteen hundred and sixty-seven to 
eighteen hundred and sixty-nine, inclusive; the Modoc War of 
eighteen hundred and seventy-two and eighteen hundred and seventy- 
three; the campaign against the Apaches of Arizona and New Mex- 
ico, or either of them, in eighteen hundred and seventy-three ; the 
campaign against the Kiowas, Comanches, and Cheyennes in Kansas, 
Colorado, Texas, Indian Territory, and New Mexico in eighteen 
hundred and seventy-four and eighteen hundred and seventy-five; 
the campaign against the Northern Cheyennes and Sioux in eighteen 
hundred and seventy-six and eighteen hundred and seventy-seven; 
the Nez Perce War of eighteen hundred and seventy-seven; the 
Bannock War of eighteen hundred and seventy-eight; the cam- 
paign against the Northern Cheyennes in eighteen hundred and sev- 
enty-eight and eighteen hundred and seventy-nine; the campaigns 
in the Black Hawk Indian w^ar in Utah from eighteen hundred and 
sixty-five to eighteen hundred and sixty-seven, inclusive; the cam- 
paign against the Ute Indians in Colorado and Utah, from Septem- 
ber, eighteen hundred and seventy-nine, to November, eighteen hun- 
dred and eighty, inclusive; the campaign against the Apache Indians 
in Arizona and New Mexico, or either of them, in eighteen hundred 
and eighty-five and eighteen hundred and eighty-six; and the cam- 
paign against the Sioux Indians in South Dakota, from November, 
eighteen hundred and ninety, to January, eighteen hundred and 
ninety-one, inclusive; and also to include the surviving widows of 
said officers and enlisted men who shall have married said survivor 
prior to the passage of this Act: Provided^ That such widows have 
not remarried : Proinded further^ That this Act shall extend also to 
the surviving officers and enlisted men of the organization known as 
Tyler's Rangers, recruited at Black Hawk, Colorado, eighteen hun- 
dred and sixty-four, for services against the Indians: Provided fur- 
ther^ That if any certain one of the said campaigns did not cover a 
period of thirty days, the provisions of this Act shall apply to those 
who served during the entire period of said campaign : Provided fur- 
ther^ That W'here there is no record of enlistment or muster into the 
service of the United States in any of the wars mentioned in this 
Act, the record of pay by the United States shall be accepted as full 
and satisfactory proof of such enlistment and service : And provided 
further^ That all contracts heretofore made between the beneficiaries 
under this Act and pension attorneys and claim agents are hereby 
declared null and void. 

Sec. 2. That the period of service performed by beneficiaries under 
this Act shall be determined by reports from the records of the War 
Department, where there is such a record, and by the reports from 
the records of the Treasury Department showing payment by the 
United States where there is no record of regular enlistment or 
muster into the United States military service: Provided, That when 
there is no record of service or payment for same in the War Depart- 
ment or Treasury Department, the applicant may establish the service 
bv satisfactorv evidence from the muster rolls on file in the several 



IQ TEXAS RANGERS. 

State or Territorial archives: And provided further, That the want 
of a certificate of discharge shall not deprive any apphcant ot the 

benefits of this Act. . , . ^ ^ a a 

Sec 3 That the provisions of section forty-seven hundred and 
sixteen of the Revised Statutes shall not apply to applicants for pen- 
sion under this Act. 

Approved. March 4, 1917. 

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